(a) the human rights of asylum seekers. To what extent does (a) international law and (b) Australian law guarantee human rights in this area? Compared to other similar jurisdictions around the world...

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(a) the human rights of asylum seekers.



To what extent does (a) international law and (b) Australian law guarantee human rights in this area? Compared to other similar jurisdictions around the world (such as the USA, Canada and the United Kingdom) do you think that Australian law provides adequate protection for human rights in the area you have chosen?


The research assignment should contain the following.


1. An introduction, clearly setting out the broad direction of the assignment, its objectives, any parameters of the assignment, and a summary of the main argument.


2. A body, with appropriate headings, containing presentation of argument, review of literature and compilation of evidence relevant to the question.


3. A conclusion, clearly summarising the arguments or findings.


4. Appropriate references of all sources you have referred to in footnotes formatted in accordance with the
Australian Guide to Legal Citation
(4th
ed, 2018).


5. A bibliography, setting out all the books, articles and other sources you have used and referred to in the course of writing the assignment.


6. It should also comply with the School of Law and Justice requirements for all law assessments.


Students should note the following:


a) Many people are not familiar with the requirements of research assignments. They are like any other good piece of writing. They must have a beginning, a middle and an end. They must be organised so that one point leads to another in a logical sequence. Headings and sub-headings are important as they are of assistance to the reader, who should be able to easily ascertain the logic of your arguments. You should look at the articles you read in the course of your research as a model for style and organisation.


b) Statements of fact must be supported by referencing in the proper form (see 4 above). Arguments and ideas you are adopting or disagree with must be properly referenced. This is one of the most important aspects of your assignment, and severe penalties will be imposed if you do not provide appropriate references. Be aware of the University
Academic Integrity Policy. You should avoid over-reliance on three or four sources. You are expected to have read widely on the chosen topic. Be careful of relying solely on Internet resources if these are merely descriptive. You will need to read material that provides you with some analysis of the issues. This will most likely come from journal articles and book chapters. Good assignments generally show evidence that the student has read and analysed key journal articles / book chapters relevant to the topic.


c) You are expected to employ your critical and analytical skills in this assignment. Avoid mere description or regurgitation and do not quote excessively. Both your observations and your use of other people’s writing should reflect this critical/analytical dimension. In sum, your intellectual input should be clearly discernible in the paper.


d) You are not marked for your political or social views or opinions, but rather for your ability to present coherent, rational and logical arguments, properly supported by authority.


e) You are also marked on your ability to express yourself clearly, logically and succinctly. Poor expression, grammar and spelling will detract from your overall mark.




f) Generally speaking, the more drafts of the assignment you prepare, the better the final product will be. You should aim to complete at least two drafts prior to handing in the assignment. This will also assist in ensuring you comply with the word limit.

Answered Same DayMay 01, 2021

Answer To: (a) the human rights of asylum seekers. To what extent does (a) international law and (b)...

Preeti answered on May 05 2021
144 Votes
Introduction
Human rights are understood as basic entitlements that are available to everyone, regardless of gender, race, origin, and background. It acknowledges the fundamental worth of each person, based on the values of freedom, equality, respect and dignity. The provision of human rights places responsibilities on government and public authorities to consider and fulfil people’s rights at the time of developing policies, laws and delivering services. In 1948, United Nations adopted and developed the Universal Declaration of Human Rights defines basic rights and freedom that is ap
plicable to everyone. Australia has a proud record in adopting this framework, along with several other International Human Rights treaties
.
The realm of Human Rights includes two main aspects-civil and political rights which are concerned with freedom of speech and freedom from torture, and, social, economic and cultural rights which are concerned with right to health and right to education. Other than this, Australian government also agreed to uphold and respect many of international laws that recognise rights of specific group of people, such as different culture, ethnic and racial groups, people with disabilities, migrant workers and women
.
Human Rights in Australia
At Australia, Human Rights are defined in the Constitution and in the legislation passed by State, Territory parliaments and Commonwealth Parliament. The basic framework of Human Rights is government by Australian Human Rights Commission Act 1986 which defines five explicit individual rights in the Constitution, named as right to vote (section 41), freedom of religion (section 116), right to a trial by jury (section 80), protection against acquisition of property on unjust terms (section 51) and prohibition on any kind of discrimination on the basis of State of residency (section 117)
. Australia’s system of Human Rights protection makes every state and territory governments responsible to respect and secure Australia’s human rights responsibilities. However, state-level governments at the Australia owns the power to make, formulate and administer several laws relevant to human rights, and, design and implements its own framework of Human Rights, for example, Victoria Charter of Human Rights and Responsibilities, Human Rights Bill passed by Queensland government and many more
.
At the Federal level, Australian government is under mandatory obligation of respecting, protecting and fulfilling human rights. It implies that government is obliged to take every possible action ensuring people enjoying their basic human rights, and, refrain from any kind of actions that result in breach of human rights in any manner. There are range of laws developed at Australia for implementing human rights obligations, in particular, Australian Human Rights Commission Act 1986 (Cth) restates and reaffirmed state authorities regarding human rights instruments
. Under the Act, Australian Human Rights Commission owes a broad range of powers for overseeing and monitoring protection of human rights in Australia. The adequacy and effectiveness of federal government in fulfilling human rights obligations is also constantly measured and evaluated by Australian Human Rights Commission Act 1986
.The powers and functions of Australian Human Rights Commission include:
· Handling and resolving all sorts of complaints based on any kind of discrimination or breaches of human rights, as specified under federal laws.
· Conducting public inquiries in case of human rights issues of national importance.
· Conducting and ranging human rights education programs and resources for workplace and community members.
· Conducting and coordinating in-depth research into human rights issues and other discriminations.
· Rendering independent and impartial legal advice to lower courts in matters involving human rights principles
.
In recent years, a new Australian Human Rights Framework is introduced with underlying provisions:
a) Establishing a new Parliamentary Joint Committee on Human Rights for analysing where federal laws comply with international human rights law.
b) Constant review of legislation, policies and practices for compliance with International human rights treaties.
c) Passing new bill into Federal Parliament with a Statement of Compatibility regarding human rights obligations.
d) Provision of Human Rights education for federal public service and community.
e) Developing new National Action Plan on Human Rights for outlining future actions aimed at promoting and protecting human rights
.
In addition to the efforts and measures of Australian Human Rights Commission, Australia is also having a proud record of adopting and supporting several international human rights law. The country always found as playing an active participant in developing Universal Declaration and International Human Rights Treaties
. With the development of new international standards and treaties, Australia has endorsed several non-binding human rights instruments such as Universal Declaration of Human Rights and the Declaration on the Rights of Indigenous People, all these international treaties are signed and ratified as binding legal instruments.
Australia is party to several international treaties named as International Covenant on Civil and Political Rights (ICCPR), Convention on the Rights of the Child (CRC), Convention on the Rights of Persons with Disabilities (CRPD), Convention against Torture (CAT), and many more
. Along with this, Australia has also ratified several mechanisms that give or empower individuals with the right to complain directly to UN bodies in case of any kind of violation in their rights. Australia’s obligations defined under International laws and treaties are subject to high scrutiny, it is mandatory on the part of Australian government to publicly report to the UN with...
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